Captain Ed is a father and grandfather living in the Twin Cities area of Minnesota, a native Californian who moved to the North Star State because of the weather. He lives with his wife Marcia, also known as the First Mate, their two dogs, and frequently watch their granddaughter Kayla, whom Captain Ed calls The Little Admiral... [read more]

I have long railed against the back-door First Amendment violations of the McCain-Feingold Act, which purports to reform campaign financing but in reality acts to criminalize political speech. Now Federal Election Commissioner Bradley Smith explains exactly how MFA could mean the end of political blogging, as we get intimidated by the massive legal requirements that MFA might impose on CQ and other sites:

Bradley Smith says that the freewheeling days of political blogging and online punditry are over.

In just a few months, he warns, bloggers and news organizations could risk the wrath of the federal government if they improperly link to a campaign's Web site. Even forwarding a political candidate's press release to a mailing list, depending on the details, could be punished by fines.

Smith should know. He's one of the six commissioners at the Federal Election Commission, which is beginning the perilous process of extending a controversial 2002 campaign finance law to the Internet.

Most of this interview will have CQ readers shaking their head. The FEC, thanks to a John McCain lawsuit, will have to calculate the value of a link on a political website in order to determine whether the owner has overdonated to a campaign -- in other words, committed a felony. Bigger blogs will come under closer scrutiny, which means that any expression of support on CQ with a referential hyperlink may well get valued at more than the $2,000 maximum hard-cash contribution.

In order for me to operate under those conditions, I will need to hire a lawyer and an accountant to guide me through the election laws and calculate my in-kind donations on almost an hourly basis. How many bloggers will put up with that kind of hassle just to speak their minds about candidates and issues? John McCain and Russ Feingold have effectively created an American bureaucracy dedicated to stamping out independent political speech, and the courts have abdicated all reason in declaring it constitutional.

Please contact your representative or Senator in Congress to get this terrible infringement on free political speech reversed. When the American government threatens to prosecute people for simply speaking their minds, we have truly lost our way. Shame on McCain and Feingold for this treachery, shame on George Bush for signing the bill, and shame on the Supreme Court for not stopping it when it had the chance. (via Michelle Malkin, who has lots of links.)

UPDATE: McCain and Feingold have managed to foster real bipartisanship -- they've gotten liberal and conservative bloggers alike to detest them. Jerome Armstrong at MyDD, Atrios, and DailyKos all agree -- this legislation has become a serious threat to political speech, and John McCain and Russ Feingold have become two of the most dangerous politicians to American liberty since Huey Long. Jerome makes the point that the problem at the moment are the three Democratic FEC commissioners who appear intent on enforcing the law as McCain and Feingold insist, but both parties had a hand in creating this fiasco. Both should work to eliminate it and tell John McCain and Russ Feingold to shut the hell up -- and see how they like it.

Trackback Pings

» Happy Times for All from damnum absque injuria
I'd like to tell you what I think about this, but I can't because political blogging is now illegal. Others may flout this important law but not me, oh no, no way, uh-uh. From now on, damnum absque injuria is no longer about politics. Time to stop ... [Read More]

Tracked on March 3, 2005 3:04 PM

» Coming Crackdown on Blogging from Don Singleton
I hope everyone is wrong about this being a significant problem, but the MSM certainly is upset at bloggers, so they may be pushing it. [Read More]

Tracked on March 3, 2005 3:16 PM

» The Enemy of Free Speech from Harkonnendog
First they came for the soft money - I didn't care because I didn't even know what 'soft money' really was.
Then they came for the big donors of hard money - I didn't care 'cause screw those millionaires.
Then they came for the corporations and uni... [Read More]

» John McCain and his Cohort in Crime from Now You Know
Just for his part in this, without taking any other of his idiotic actions into account, John McCain ought to be charged with high treason and crimes against the American people and the Constitution. [Read More]

Tracked on March 3, 2005 5:13 PM

» Classiness To The Max From Other Blogs. from WILLisms.com
Click to explore more WILLisms.com. PoliPundit- Notes: "indications are strong that Governor John Hoeven will run against the incumbent Democratic Senator, Kent Conrad." Wizbang Blog- Captain's Quarters Blog- Points out the law of unintended consequen... [Read More]

Tracked on March 3, 2005 5:22 PM

» The Coming Crackdown on Blogging from Pajama Hadin
Bradley Smith says that the freewheeling days of political blogging and online punditry are over.
In just a few months, he warns, bloggers and news organizations could risk the wrath of the federal government if they improperly link to a campa... [Read More]

Tracked on March 3, 2005 7:41 PM

» Calling All Bloggers from Right on the Left Beach
I saw this article about the Federal Election Commission's intentions to regulate political speech on blogs earlier today. [Read More]

Tracked on March 3, 2005 8:02 PM

» Pride goeth before the fall?? Or bring that shit on???? from The Pink Flamingo Bar Grill
Not sure if I believe the battle coming over free speech for blogs will be as fun as Paul over at Wizbang thinks. Maybe its because I have that old saw buzzing in my head about never fighting City Hall or what, but overconfidence has never struck me as... [Read More]

» Could American Blogs Become Samizdat? from Democracy Project
Glenn Reynolds links to this interview with Federal Election Commission member Bradley Smith. Smith is one of six commissioners at the FEC, and one of three Republicans. He says that a recent ruling by U.S. District Judge Colleen Kollar-Kotelly may... [Read More]

» VAMPIRE - VAMPIRE - VAMPIRE: The coming crackdown from CDR Salamander
Everyone here needs Declan McCullagh's interview with Bradley Smith, one of six commissioners at the Federal Election Commission, charge with extending the 2002 campaign finance law to the Internet.
Here is enough of the interview to get the blood... [Read More]

Tracked on March 3, 2005 9:28 PM

» The Wonders of McCain-Feingold from JurisPundit
In the end, our only hope for recourse is that Congress steps up and redefines the law to exclude the internet. Otherwise virtually every aspect of political blogging could be called into question. Links to political campaign sites? Regulated. Repostin... [Read More]

Tracked on March 3, 2005 9:28 PM

» The country needs you from Media Lies
Please copy this letter (if you're an American citizen) and mail it to your Senators and Representative. Blogging should not be considered an in-kind contribution to a political campaign. This is important. Please do it now. [Read More]

Tracked on March 3, 2005 11:15 PM

» FREE SPEECH ON INTERNET VERSUS FEDERAL ELECTION CO from EGO
Don't think it is time to create a rational solution to the campaign finance reform? Go to NoLobby.com for more information. Here is an excerpt from Declan McCullagh's article, The coming crackdown on blogging. ... Read the following posts: * FEC May... [Read More]

» And the Eagle shall lie down with the Moonbat from Small Town Veteran
Read the part in italics again: "Congress shall make no law ... abridging the freedom of speech, or of the press..." If that doesn't say I can write whatever I damned well please on my blog, just exactly what the hell does it say? [Read More]

Tracked on March 3, 2005 11:38 PM

» Daily linklets March 4th from Simon World
This is a daily collection of links, some with commentary, to news stories and interesting blog posts. It will be updated throughout the day with a new timestamp for the updates. Scroll down for today's other posts. I for one welcome our new monkey ove... [Read More]

Tracked on March 3, 2005 11:41 PM

» Daily linklets March 4th from Simon World
This is a daily collection of links, some with commentary, to news stories and interesting blog posts. It will be updated throughout the day with a new timestamp for the updates. Scroll down for today's other posts. I for one welcome our new monkey ove... [Read More]

Tracked on March 3, 2005 11:45 PM

» The McCain/Feingold crackdown on free speech from The House Of Wheels
The campaign finance law was a disaster in the first place, and did absolutely nothing close to its original aims. It does need reforming, but nothing even remotely close to the type of reforming that will take place under these proposed changes. [Read More]

Tracked on March 4, 2005 1:13 AM

» FCC Guns For the Blogosphere from Cranial Cavity
There is trouble brewing, reprinted from ZD Net.
Bradley Smith says that the freewheeling days of political blogging and online punditry are over.
In just a few months, he warns, bloggers and news organizations could risk the wrath of the federa... [Read More]

Tracked on March 4, 2005 3:53 AM

» FEC, Blogging and Political Speech from Myopic Zeal
There is a storm brewing.
If you haven't read this CNET story, check it out:
Bradley Smith says that the freewheeling days of political blogging and online punditry are over.
In just a few months, he warns, bloggers and news organizations could... [Read More]

» Liberal and Conservative Bloggers United from La Shawn Barber's Corner
In Germany they came first for the Communists and I didn't speak up because I wasn't a Communist. Then they came for the Jews and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists and I didn't speak up because I wasn... [Read More]

Tracked on March 4, 2005 9:41 AM

» Signs That Your Cause Is About To Die A Slow, Painful Death from Ubique Patriam Reminisci
When you can get bloggers from both sides stirred up en masse against your cause, might as well start ordering the cushioned coffins.
What can I say about this dumb move that hasn't been said already? It's a limitation of free speech. Pure and sim... [Read More]

Tracked on March 4, 2005 11:43 AM

» Ever Wanted to Punish John McCain? from faute de mieux
The end of political blogging? Perhaps. But while it's still allowed, we would like to take this opportunity to remind readers of Project USA, an immigration-restrictionist outfit presently running a contest to choose a US Senator/Congressman to targ... [Read More]

Tracked on March 4, 2005 2:34 PM

» Blogging and free speech from The Liferaft of Love
This isn't a question of free speech, so much as what something is if it walks, quacks, and smells like a duck. [Read More]

Tracked on March 4, 2005 4:37 PM

» Rant: What is Happening from Lexicography.com
Looks like my old stomping grounds, law, or more properly administration of the law, is turning into quite a mess.
McCain Feingold may apply to blogs and other Internet publications. An endorsement of a candidate with link to candidate s home page ... [Read More]

Tracked on March 4, 2005 7:59 PM

» From My Cold, Dead Hands from TriggerFinger
Well, I've been mad as hell about this law ever since it was passed. And now that the last gasp of sanity has been removed, and this law stands at the very threshold of affecting me, personally, because I do run a blog about politics, I have this to s... [Read More]

Tracked on March 5, 2005 3:45 AM

» US Emulates Communists from Paradigm Shift
There has been a bit of commotion lately in the blog-sphere over the extension of the recent Bipartisan Campaign Finance Reform Act of 2002 to include web sites under its aegis of restricted speech. I of course oppose any restriction... [Read More]

» No More Free Speech for Bloggers? from TexasBug
No, it's not a joke....not if McCain & Feingold have their way, according to this article at Captain's Quarters. Their latest bill would all but eliminate political blogging, because of the implied monetary value of a link. Can you imagine? Next they... [Read More]